Richard M. Re @RichardMRe
Professor, UVA School of Law law.virginia.edu/faculty/profil… Charlottesville, VA Joined May 2014-
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Eyer on Textualism and Progressives, lsolum.typepad.com/legaltheory/20…
Emerson on the Existential Challenge to the Administrative State, lsolum.typepad.com/legaltheory/20…
Over at the @YaleJREG Notice and Comment blog, today's Ad Law Reading Room features "After Courts: Democratizing Statutory Law," by @rddoerfler and @samuelmoyn. Check it out! yalejreg.com/nc/ad-law-read…
At 10 am, the Supreme Court hears its second abortion case in as many months. Have a look at my quick @TheEconomist preview and follow me here. I’ll be analyzing the oral argument as it happens espresso.economist.com/face3ee8cd23d4…
I’m very grateful for the generous blurbs for my forthcoming book. I do feel like it’s one of the best things I’ve written, and it reflects decades of my thinking about the foreign affairs powers of the government. It’s never too early to pre-order! amazon.com/Historical-Glo…
Paywall free link: foreignaffairs.com/guest-pass/red…
My (long, sorry) take on the Trump v. U.S. immunity case. lawfaremedia.org/article/the-co…
With thanks to @VaJIntlL online, I'm pleased to have a new (& short!) paper on how int'l lawyers must do more to engage w/the concept of agreement as a precursor to all these new efforts to identify & differentiate treaties & political commitments papers.ssrn.com/sol3/papers.cf…
Today, @MaggieBlackhawk continues our symposium on Aziz Rana's *The Constitution Bind,* considering what might be lost were we to abandon our longstanding constitutional struggle toward a more perfect union. lpeproject.org/blog/on-garris…
So humbled that "Privacy Law's Role in an Information Economy" is on the @SSRN list for top recent papers in consumer privacy, alongside folks who have been such an inspiration to me! @daniellecitron @DanielSolove @hartzog papers.ssrn.com/sol3/topten/to…
I just posted "Original Public Meaning" to SSRN. This new paper explicates the concept of original public meaning in a way that I hope adds rigor, precision, and theoretical depth to scholarly discussions. papers.ssrn.com/sol3/papers.cf…
🚨 New paper! Thanks to @YaleJREG for publishing my essay, "Interpreting the Ambiguities of Section 230," in which I argue that refocusing on Section 230 as a standard statutory interpretation problem rather than a policy debate over liability is the best path forward for courts.…
Columbia Law School's David Pozen offers a measured critique of the actions of the Columbia Univ. president and administration. Worth your time to read. balkin.blogspot.com/2024/04/norm-b…
I am thrilled to share that @FordhamLRev will be publishing my new article, Distorted Narratives in the Treatment Program Complex. Now on SSRN, papers.ssrn.com/sol3/papers.cf…, and abstract below. Feedback welcome!
My paper Whom do Prosecutors Protect? is now up on SSRN if you want to read it. papers.ssrn.com/sol3/papers.cf…
Eidelson & Hellman on Race Conscious Admissions after SFFA, lsolum.typepad.com/legaltheory/20…
I love this paper, and it's a good excuse to finally post my own forthcoming chapter on age and local government law. papers.ssrn.com/sol3/papers.cf… That seniors run the show is something everyone in local gov knows--but not something we talk about in the legal literature.
I love this paper, and it's a good excuse to finally post my own forthcoming chapter on age and local government law. papers.ssrn.com/sol3/papers.cf… That seniors run the show is something everyone in local gov knows--but not something we talk about in the legal literature. https://t.co/K633IeKLI5
In “Intellectual Property and the Myth of Nonrivalry,” @JamesYStern argues that rivalry concerns desires about a good that are incompatible with the desires of others, rather than conflicts about active use of a resource. He applies this theory to IP. ndlawreview.org/2024/04/intell…
New to SSRN: My paper “Chenery II Revisited,” which is forthcoming in the administrative law issue of the @GWLawReview papers.ssrn.com/sol3/papers.cf… 1/
[Samuel Bray] Is the Bell Tolling for Universal Injunctions? ift.tt/CEjAv83
Orin Kerr @OrinKerr
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4K Followers 2K Following Director of the @ElectionClinic at @Harvard_Law. Map enthusiast. Political junkie. Ice cream fanatic. Threads: @cheerfulruthDaniel LaChance @dwlachance
2K Followers 2K Following Emory U. Professor | I write about Crime and Punishment in American Culture | Author: Executing Freedom (2016), Crimesploitation (2022) 🏳️🌈@RichardMRe @AshaRangappa_ It’s clear he is focused on another issue. But it is relevant to his questioning on Thursday. He does seem to be much more accepting of presidential accountability here.
@AshaRangappa_ @RichardMRe @earlymodjustice >> For a sitting president. Right. So, all snark aside, doesn't this mean that BK was addressing *a different situation*?
@RichardMRe @AshaRangappa_ He doesn’t say that only “impeached and removed” presidents are subject to prosecution. He says they are “still subject to prosecution.” As in — they are subject to prosecution regardless. He doesn’t seem to have doubts here, at least, about whether the constitution allows that.
@lee_kovarsky @RichardMRe @AshaRangappa_ @earlymodjustice That was my impression. I’m not sure why one needs a clear statement rule if one is clear that, say, exercising the removal power on its own can’t constitute obstruction (whereas being bribed to do an official act is obviously not immune). One might be impeached for firing a
@RichardMRe @AshaRangappa_ @earlymodjustice Also... we haven't seen the decision. Speculating isn't helpful.
@RichardMRe @AshaRangappa_ @earlymodjustice While I haven't read the whole article, it doesn't appear that there's a change of mind.
@RichardMRe @AshaRangappa_ @earlymodjustice Also what evidence is there at Kavanaugh rejects prosecution even absent impeachment and removal?
@wrdcsc @RichardMRe @AshaRangappa_ @earlymodjustice He doesn't per se. He wants a constitutional bar on prosecutions against core activity (not just immunity), a clear-statement rule to apply generally applicable criminal provisions to official presidential acts outside the core, and no immunity for private.
If you don't already, I'd encourage you to follow @sanjuktampaul, who has been doing a great job of asking hard questions about campus + general politics in thoughtful & careful ways. (To be clear, I'm pretty sure that she and I end up at different answers to many of the Qs!)
My 8 year old did not have school today and so she came to the law school. Halfway through a class that I am teaching, she silently holds this sign in front of her.
"Originalism and Privacy: What Does the 4th Amendment Require?" I was just reminded of this panel from last year on that topic, with a great group of scholars including @danepps, @RichardMRe, @danielledonfro, James Stern, and me. youtube.com/watch?v=zlHk08…
Hunter Heck ’24, former @TexasTech student body president and future appellate litigator, shares her path to #lawschool and recalls the highlight of her time at #UVALaw. @lilemootcourt law.virginia.edu/news/202404/hu…
If you know me, you know Virginia is and will always be home 🏡 But I'm excited to start a new adventure this summer at @TAMULawSchool, where I've accepted an offer as a full professor with tenure 👩🏫 (Woo! 🥂) Truly grateful for the last 5 years at @WMLawSchool...
Just taught my LAST class of my first year as a law professor. Feeling so grateful for my students and colleagues at @UHMLawSchool. It's been a terrific ride so far and I cannot wait for the years to come. 🌈🌈🌈
WATCH: In his Charge to the Class, Prof. @RichardMRe advises #UVALaw2024 about what to expect — and how to handle the unexpected — in their legal careers. youtu.be/Z6K7niz0R9Y
So deeply honored to be selected as “Professor of the Year” by the students at Texas Law. This is truly humbling. Many thanks to all the wonderful students @UTexasLaw!!
As Justice Jackson noted at oral argument today ... "Professor Lederman ... goes on and on and on ... ." Guilty as charged! ;-) The reference was to pp. 23-26 here: supremecourt.gov/DocketPDF/23/2…
It's a little-discussed perk/privilege of being the junior justice that she gets the last word from the bench in every oral argument. KBJ fully using that right now to excellent effect.
🤩 The greatest scholar of constitutional studies of our time, Sandy Levinson, discussing his book "Our Undemocratic Constitution" (OUP 2006), with students in my course "Amending the U.S. Constitution" here @UTAustin. A treat for us all. 🙏🏽
Great application of Coase
Let's take a look at what economics tell us about a ban on non-compete agreements starting with Coase. In a world of no transaction costs and complete information, who holds the right shouldn't have real effects on the economy but it will have distributional effects. [1/x]